Question about ownership of property during divorce/separation.

[Sn@kebite]

If a married couple are getting a legal separation/divorce, can one of the 2 parties get a flat/apartment/rent house etc.. without losing partial ownership of the current house?

In english: If a couple (married) are getting separated and the wife gets a flat to be away from the husband, will the wife lose her half of the money from the house's sale because she left, or will she still be entitled to her half of the money after the separation finalises?

 

[Vanilla]

It won't make much of a difference really. Although it may no longer be the husbands urgent priority to sort out the separation since he's now comfortably living in the family home...

 

[Thirsty]

will the wife lose her half of the money from the house's sale because she left

Assuming this has already been agreed and ordered as one of the settlement terms under the Judicial separation, then the house sale must be completed and the proceeds divided as per the JS.

However if the JS is not completed then 'deserting the Family Home' (the standard term used - not my expression) can leave one party in a weaker position in regards to settlement.

I assume there are no children of the marriage?

 

[Vanilla]

However if the JS is not completed then 'deserting the Family Home' (the standard term used - not my expression) can leave one party in a weaker position in regards to settlement.

Not at all.

 

[lucan 07]

vanilla is right

 

[Sn@kebite]

Not at all.

vanilla is right

Thanks all!!

So basically the answer is "No".

The second party will always be entitled to half of the sale price of the house, Yes?

I assume there are no children of the marriage?

No. There are no children involed.

 

[Vanilla]

If the wife rents a house or rents some form of accomodation and moves out of the family home in my opinion this will not affect her entitlements. Note I did not say she would be entitled to half, that is for the court to decide.

 

[Sn@kebite]

If the wife rents a house or rents some form of accomodation and moves out of the family home in my opinion this will not affect her entitlements. Note I did not say she would be entitled to half, that is for the court to decide.

OK thanks alot Vanilla for your help!

 

[Thirsty]

Kildrought: However if the JS is not completed then 'deserting the Family Home' (the standard term used - not my expression) can leave one party in a weaker position in regards to settlement.

Vanilla: Not at all.

Vanilla: it may no longer be the husbands urgent priority to sort out the separation

If you are sitting in the family home, you are in a much stronger position from which to negotiate a settlement.